Rajinder S. Taggar
All India Anna Dravida Monetra Kazagam (AIDMK) supremo J. Jayalalitha’s onslaught on the journalists of The Hindu newspaper has brought to fore the hiatus for media willowing in the minds of ruling politicians in Tamil Nadu. The incident, which has few parallels in the annals of history of free India, also highlights “unclear” judicial powers of the legislature.
The Tamil Nadu Vidhan Sabha Speaker had sentenced 5 journalists of the Hindu besides, editor of the Murasoli newspaper, to 15-day imprisonment for writing “stinging” articles on the functioning of the Assembly. The allegedly objectionable articles were written in April. The articles in fact dwelled on the poor level of debate in the House.
Knowing how a Speaker is appointed by a political party in power, it would not be out of place to mention that whatever had been decided by him was in fact a diktat from the party supremo Mrs Jayalalitha, the state Chief Minister.
The hasty manner in which the police raided the offices of the Hindu to arrest the journalists is a glaring example of misuse of state power. The aim was to put the journalists behind bars so as to humiliate them before they could seek legal remedial measures. Had the Chief Editor of The Hindu, Mr N. Ram, not taken a tough stand and; had the Supreme Court not intervened, the journalists would have been cooling their heels in jail for a full fortnight.
As per the Constitution, a Speaker of a state Assembly has powers to conduct summary proceedings to award punishment including imprisonment if a person is found guilty of lowering the dignity and honour of the House. But, the question is: what parameters are to be taken into account before pronouncing a person guilty of the contempt of the House?
In this particular case, the Speaker is a member of the ruling political party headed by Mrs Jayalalitha. The Chief Minister is into a conflict with the fourth estate as the latter continues to chide her for the wrong policies of the government. The Constitution does not provide for any safety valve in case the elected representatives of the people, who are in power, decide to unleash a reign of terror to browbeat the press. The Constitution of India also does not provide any special rights to the fourth estate to carry out its duties. Also, the Constitution is silent over the question whether courts can subject the decisions of the Speaker of the House to a legal review.
It was apparently a bold step by the Apex Court, which decided to grant stay order on the sentence pronounced against the journalists by the Speaker. However, the Supreme Court has solicited the advise of the Attorney General of India so as to deliberate about the actual powers of the court in a matter like this where legislative authority has pronounced judgment.
It is high time that the parliamentarians put their heads down to churn out a clear set of laws to safeguard the freedom of the Press and to bridle wayward working of politicians in power.
